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CAS 2019 A 6409 (CAS)

Why it matters

This case underscores CAS's strict approach to financial misconduct by high-ranking football officials. It confirms that misappropriation of FIFA funds can lead to severe sanctions, including long bans and substantial fines, and that proportionality arguments based on other cases (e.g., Platini, Blatter) are not automatically transferable when the specific violations differ. The award also clarifies that a fine does not violate the right to work if the official has other income sources.

Summary

Musa Hassan Bility, former President of the Liberian Football Association (LFA), appealed a FIFA Ethics Committee decision that banned him for 10 years from all football-related activities and fined him CHF 500,000. The ban and fine were imposed for violations of the FIFA Code of Ethics, specifically conflict of interest (Article 19), offering and accepting gifts (Article 20), and misappropriation of funds (Article 28). The allegations included misuse of a USD 50,000 FIFA Ebola grant, improper use of FIFA funds for stadium renovations, loans from Bility's company Srimex to the LFA, and payments to a guest house owned by Bility's family. A forensic report by Control Risks found that Bility exerted excessive control over LFA finances, made unilateral decisions, and that over USD 300,000 in FIFA funds were irregularly disbursed. The CAS Panel dismissed Bility's appeal, confirming the FIFA decision. The Panel held that the sanction was proportionate, noting that misappropriation is the most serious offence and that Bility's wealth from his oil business meant the fine did not deprive him of the right to work. The Panel also rejected comparisons to the Platini and Blatter cases, as those did not involve misappropriation. The award was issued on 2 May 2023.

The detail

Parties: Musa Hassan Bility v. FIFA

Case number: CAS 2019 A 6409

Outcome: Appeal dismissed; FIFA Ethics Committee decision confirmed: 10-year ban from football-related activity and CHF 500,000 fine.

Quantum: CHF 500,000

Applicable law: FIFA Code of Ethics (2018 edition), Articles 19, 20, 28; Swiss law

Issues in play: Conflict of interest (Art. 19), offering/accepting gifts (Art. 20), and misappropriation of funds (Art. 28) under the FIFA Code of Ethics.

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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